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rex
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Post subject: US & T&T Posted: Fri 30 Jul 2004 18:18 |
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Joined: Thu 25 Dec 2003 14:26 Posts: 430 Location: Tracy, California
FRN Agency ID #: 0
Experience: More than 10 years
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First there must be some sort of challenge that is contested in a lower superior or Federal court. The losing side repeatedly appeals to higher courts until the matter reaches US Supreme Court who may or may not hear the case.
An Amicus Brief is prepared by an interested Third Party, which I have done in local superior courts in my area. The whole process could take years.
Unfortunately Gentlemen, there will probably have to be a test case that consists of some BEA who made an out-of-state arrest and then gets arrested for kidnapping or violating some other criminal law in the state where the pick up was done.
Any volunteers?
Rex
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HGUNNER
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Post subject: AMERICUS BRIEF Posted: Fri 30 Jul 2004 21:07 |
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in memoriam |
Joined: Sun 30 Mar 2003 19:43 Posts: 774
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AMERICUS BRIEF ALSO KNOWN AS A FRIEND OF THE COURT BRIEF
CAN BE FILED WITHOUT A CASE PENDING ASKING FOR A DECISION ON A CERTIN ISSUE IF THE ISSUE CAN BE DEFINED-THE PROBLEM IS TO GET THE ALREADY BUSY COURT TO VISIT THE ISSUE WITH NO CASE PENDING- I BELIEVE WITH THE PROPER BACKING WE COULD GET IT DONE YES IT TAKES BOTH TIME AND MONEY
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rex
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Post subject: Reference Posted: Sat 31 Jul 2004 08:05 |
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Joined: Thu 25 Dec 2003 14:26 Posts: 430 Location: Tracy, California
FRN Agency ID #: 0
Experience: More than 10 years
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Hgunner,
While I've filed Amicus Curiae on existing bail related matters, I am not familiar with the process of filing one in a court where there is no case pending or opposition.
Now I have filed Petitions, which is a formal written request or prayer for a certain thing to be done, but, again, a friend of the court brief was not submitted for that purpose.
Bearing in mind that this whole thing may have to be done without costly legal representation, can a laymans go into court in propria persona on such an issue? I doubt it, but perhaps you are privy to some area of law that I have not considered. If so, please advise.
At any rate, such a task would be exhausting and time consuming to such a degree that one would have to have some sort of financial support during the process.
Again, these sorts of things may find some resolution if we were to all get together in person and bounce ideas off one another.
Rex
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HGUNNER
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Post subject: americus brief Posted: Sat 31 Jul 2004 18:45 |
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in memoriam |
Joined: Sun 30 Mar 2003 19:43 Posts: 774
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IN OUR SITUATION WE ARE ASKING FOR CLARIFICATION ON AN EXSISTING DECISION-THE BIG PROBLEM THE COURT COULD SAY THAT T VS T WAS INCORRECT AND APPLY A DIFFERENT STANDARD(A WHOLE NEW CAN OF WORMS)
A CRIMINAL APEAL DOES NOT NEED TO BE FILED FOR THE COURT TO HEAR US AGAIN THE PROBLEM IS TIME AND MONEY AN OFF THE CUFF IS ONE HUNDRED THOUSAND AND 3 YEARS
LITTLE MORE THAN I CAN AFFORD THAT IS WHY I SAY NEED THIS ASSOCIATION TO GET THIS DONE
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rex
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Post subject: Worms Posted: Sun 01 Aug 2004 07:40 |
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Joined: Thu 25 Dec 2003 14:26 Posts: 430 Location: Tracy, California
FRN Agency ID #: 0
Experience: More than 10 years
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"Can of worms?" Eeeehhhh!
Hgunner, you're right.
Things back in 1872/1873 were probably way different in terms of mind-set, and now we have Clinton appointee and former ACLU ringer Ruth Ginsberg in there weilding tremendous power.
Perhaps one of the biggest reasons NOT to vote for Kerry--notwithstanding his rather odd wife--is the damage this country will undergo if Kerry gets to pick a Supreme Court Justice or two.
I reiterate: eeeehhhh!
Rex
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Atlas Recovery Group
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Post subject: Work togeather to a point, Or fall apart! Posted: Sun 01 Aug 2004 11:44 |
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For so many years the people of this business have let pride get in the way of allowing someone else to have an opinion, believing that the business is like a "John Wayne" movie and that brains are secondary to braun.
It is my opinion that there is so much seperation between groups that it will be an uphill battle to make the "big association" happen.
Idealism, is great....the problem with it is that everyone has their own idea of how they want to do business.
A meeting of all of the people in the other associations would be a great benefit to all. The key is to make it happen and the people planning on going to show up and have an OPEN MIND..... You cannot accomplish anything with a closed mind. Its not a bad thing if your neighbor, whoever he may be, has an opinion or idea that will work. Search for ANSWERS...or Dwell on the problem.......Wich of these two methods do you feel will warrant any positive change.
This meeting should not be about pride, idealism, or propoganda...... It is about the Agents. Come togeather.....or fall apart?
What will it be?
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DeathNova
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Post subject: Posted: Wed 18 Aug 2004 03:52 |
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I don't think law enforcement is going to cash in their cluepons until we all go on strike and then they get to deal with the surplus criminals.
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USBEDDirector
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Post subject: Correct Info Posted: Fri 20 Aug 2004 22:17 |
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Lee,
To correct you in what you said in the fugitive recovey forum website there is no government approved training course, so on the other hand you have lied about this answer about government approved training course. I have contacted my friend Scott Olson of NIBE and Bob Burton of NEA on the comment you have posted, you need to make sure you have correct information, and myself , Scott Olson think this is a unbeliveable comment about you being the ONLY government approved training course because there is none! it is BEA like you that give the professionals a bad name.
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DeathNova
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Post subject: Posted: Sat 21 Aug 2004 02:00 |
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I'm sure he didn't mean that his training course was government sanctioned. Poor wording perhaps; but i'm sure theres an explantion or clarification behind it (eg. perhaps the training meets various government criteria).
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DMARTZ
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Post subject: Posted: Sat 21 Aug 2004 09:40 |
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Joined: Thu 29 Jul 2004 20:23 Posts: 1632 Location: Fort Wayne, IN
FRN Agency ID #: 2570
Experience: More than 10 years
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here is a another reason why I dont belong to very many forums, One post here was just uncalled for, Member could of just asked for explanation or clarificaion of a statement posted. BEA members will never
get along. Iwas hoping this site would be differant from others i have joined. There seams to be alot of knowledgeable people here from all over. I have never been one much on all these BEA schools only because i know nobody can teach someone in a few day's or a few weeks
what they have learned in 20yrs. I'm from the old school of hard knocks we didn't have this type of training. Just because you graduate from one of these schools does not mean you are fully credited BEA. this will take yrs as allof us know, We never stop learning. Sorry if this opens up a CAN OF WORMS this is only my opinion.
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